[Ord. 1050, 10/21/2015]
For the purposes of this Part, unless the context requires otherwise,
the following terms, phrases, words and their derivations shall have
the meanings given herein. The word "shall" is always mandatory and
not merely directory.
Loafing or remaining idle in essentially one location or
lingering or standing aimlessly around without purpose, either alone
or in concert or company with others.
Any dwelling, school, store, shop, restaurant, tavern, vacant
lot, parking lot, private street or roadway, place of business, or
any other privately owned property.
Any place to which the public has access. The term shall
also include, without limitation, any Borough-owned property, public
street or alley, sidewalk, park, and the area immediately adjacent
to any school, store, shop, restaurant, tavern, vacant lot, parking
lot, private street or roadway, or place of business.
[Ord. 1050, 10/21/2015]
It shall be unlawful for any person to loiter in or upon any
public place located within the Borough in such a manner as to obstruct,
hinder, impede, or in any way interfere with the full and uninterrupted
use of the property or the free and uninterrupted conduct of lawful
business or other activity, such as the free passage of pedestrians
or vehicles, on or across the property.
[Ord. 1050, 10/21/2015]
It shall be unlawful for any person to loiter in or upon any
private property located within the Borough without the express consent
of the owner or occupier of such property. In any prosecution for
the alleged violation of this Part, the burden of proving the existence
of the express consent of the owner or occupier of the private property
shall be upon the person charged with the alleged violation.
[Ord. 1050, 10/21/2015]
Whenever any police officer shall decide that the presence of
any person or persons in or upon any private property or public place
located within the Borough is loitering, the officer may order that
person or persons to move on or disperse. Any person who shall refuse
to leave after being ordered to do so by a police officer shall be
guilty of a violation of this Part.
[Ord. 1050, 10/21/2015]
1.
Any person who violates a provision of this Part shall be guilty
of a summary offense and, upon conviction thereof, shall be sentenced
to pay a fine of not less than $100 nor more than $1,000, plus court
costs and costs of prosecution incurred by the Borough, and in default
of payment of said fine and costs, to imprisonment to the extent permitted
by law for the punishment of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist. All fines and penalties
for the violation of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or otherwise
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
